With Sacramento Legislative Session Over, CLSA Looking Forward to Final Few Days for Governor’s Actions

Two major bills of interest to CLSA have been presented to Governor Brown for his signing or veto: SB 1121 (Dodd), which was signed this week, and SB 212 (Jackson), on which we await action by the Governor. A third key bill of interest to CLSA, AB 2167 (Chau), died in the Senate during the final week of the legislative session.

SB 212

First, SB 212 (Jackson) is the bill proposing a statewide drugs and sharps take-back program. The bill is the result of months of difficult negotiations and represents a hard-fought compromise among all interested parties, including the Governor’s Office. The bill sailed out of the Assembly (72-5) and the Senate (39-0) and was presented to the Governor on Sept. 12. We believe the Governor will sign it into law.

SB 1121

Example of CLSA’s digital ad campaign for SB 1121

Second, SB 1121 (Dodd) addresses two key remaining cleanup issues with the recently enacted California Consumer Privacy Act of 2018, AB 375 (Chau): exceptions for the use of clinical trial information and for HIPAA-covered entities. The bill was held up until the final day of session when it had to clear four separate votes to achieve passage (Senate Judiciary, Assembly Appropriations, Senate Floor, and Assembly Floor), but all passed the bill without a single no vote. On Sept. 23, SB 1121 was signed into law by the Governor. In a press release, Sara Radcliffe, President & CEO, CLSA applauded the action by the governor, noting:

“On behalf of California’s life sciences innovators, a sector with over 3,000 firms employing 300,000 people, California Life Sciences Association (CLSA) applauds Governor Jerry Brown for signing Senate Bill 1121, critical legislation that will preserve California patients’ access to clinical trials and allow innovative research to continue. By signing SB 1121 into law, California life sciences companies can continue doing what they do best – finding cures and treatments for the patients that need them. This legislative fix ensures that conducting clinical trials in the state will not be hindered by the potential unintended consequences of California’s sweeping data privacy law, AB 375.”

AB 2167

Third, Assembly Bill 2167 (Chau), which would have expanded the definition of “medical information” to include any information derived from a digital health feedback system within the Confidentiality of Medical Information Act (CMIA), did not receive majority votes in the Senate (16-14). Reconsideration was granted to the author, giving him one more shot at passage, but the bill ultimately died 15-12 on the Senate floor, marking a major win for innovators in the digital health space.

For additional information on these or any other bills in which CLSA has been involved, please contact Oliver Rocroi, Senior Director, State Government Relations (orocroi@califesciences.org).